New Jersey Business Bankruptcy Lawyers, Neuner and Ventura

Going to court is time-consuming and costly. Sometimes the parties to a dispute want to or will have to deal with each other in the future. There are alternatives to consider. We have the experience and training to guide you with these alternatives, or to serve a mediator, arbitrator or umpire. Consider the following alternatives:

Mediation- a trained mediator can listen to all sides, privately or together, and help them make their own settlement. As a neutral third party, the mediator can see where the parties agree and where their needs can be met in a "win-win" instead of a "win-lose" process. Even if a total settlement is not possible, early intervention by a mediator can help parties focus their attention on what matters most, settling the issues that are not in dispute and setting the stage for a faster, less-costly, and less painful process. Mediators cannot decide cases or impose a ruling on parties to a dispute. Instead, a mediator helps the parties reach a solution that works for them.

See our article, “Why Mediate?”

Arbitration- the parties pick a third party as their "private judge". They, not a court, agree when, where and how the process unfolds. Binding arbitration is well accepted and strongly encouraged by the law and the courts.

You pick the judge.

You control the process.

You save time, energy, money, and disruption to your lives or businesses.

Arbitration can be faster and less costly. Generally, the arbitration process is governed by the parties’ agreement, and the New Jersey Uniform Arbitration Act, N.J.S.A. 2A:23B-1 et seq. An arbitrator’s decision is court enforceable, but can be overturned or corrected by a court on very limited grounds, including: N.J.S.A. 23B-23 and 24

$ an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

$ the award was procured by corruption, fraud, or other undue means;

$ the court finds evident partiality by an arbitrator; corruption by an arbitrator; or misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

$ the arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing improperly so as to substantially prejudice the rights of a party to the arbitration proceeding;

$ the arbitrator exceeded his/her powers; or

$ the arbitration was conducted without the required proper notice of the initiation of an arbitration...so as to substantially prejudice the rights of a party to the arbitration proceeding.

Whether or not an arbitration award can be set aside needs review and advice by a qualified attorney.

The New Jersey Alternative Procedure for Dispute Resolution Act, 2A:23A-1 et seq

This Act provides an interesting hybrid of arbitration and court procedures for disputes other than personal injury claims. As with arbitration, the process starts with a written agreement to dispute resolution under the Act. Sometimes, parties are uncomfortable with giving an arbitrator the power to render a decision that is final and largely unchallengeable by a court absent fraud or evident bias. The NJAPDR Act creates a more formal process than with arbitration and a broader right of judicial review. The parties have a right to 60 days of discovery, including depositions and document production. N.J.S.A. 2A:23A-10. (Also available in arbitration). Other than privileges, other statutory and common law rules of evidence are applied the same as they would be in a New Jersey administrative hearing. N.J.S.A. 2A:23A-11(d). Decision is rendered by one or more "umpires". Unlike with an arbitration award, the decision must contain findings of fact and conclusions of law, just as is required of a judge. More importantly, there is an expanded right to have the Superior Court of New Jersey set aside, modify or correct the decision, on application made within 30 days after receipt of the decision. That Court examines the decision to see if there is “substantial evidence” to support it. If the court finds corruption, fraud, partiality, or that umpires committed “prejudicial error by erroneously applying law to the issues and facts presented” as well as other grounds, the decision can be overturned. N.J.S.A. 2A:23A-13. Under certain circumstances, the court can review the record and make its own findings of fact on the record below. Id.

We are NJ business bankruptcy attorneys. We help businesses obtain debt relief under the Bankruptcy Code and also offer alternatives to bankruptcy such as mediation and arbitration.

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